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Minutes 06-01-93HINTUES OF THE REGULAR CITY COHHISSION HEETING HELD IN COHHHISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, ~IUNE 1, 1993, AT 6:30 P, H, PRESENT Edward Harmening, Mayor Jose Aguila, Vice Mayor David Katz, Commissioner Lynne Matson, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Shannon Burkett, Deputy City Clerk I, OPENINGS A, Call to Order B, Invocation - Homent of Silent Prier C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 P.M. A moment of silent prayer was observed, followed by the Pledge of Allegiance to the Flag,-led by Commissioner Katz' son, Joshua. D, Agenda Approval 1, Additions, Deletions, Corrections Commissioner Walshak added Item XI.C.2, Remaining Melaleuca Trees on N. W. 7th Avenue in City Rights-of-Way. Vice Mayor Aguila added Item XI.A.4, Median Maintenance, Boynton Beach Boulevard and 1-95. City Manager Miller added a bill, in the amount of $9,750.00, to Item III.C, payble to Josias & Goren, P. A., for the 1986 and 1990 refinancing relative to the bond issue. In addition, he requested that Item XII.1 be moved up on the agenda to IV.C. City Attorney Cherof requested that Item IX.C.8 be moved up and become Item IX.C.1 because that resolution was preassigned a number. Mayor Harmening added Item IX.B.3, Election of Mayor Pro Tem. 2, Adoptlon Vice Mayor Aguila moved to adopt the agenda as amended. Commissioner Matson seconded the motion, which carried 5-0. II, ADHIHISTRATIVE A, Accept the following resignations from C~t~ Board: None, - 1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 1, 1993 B, Appointments to be #ado Appointment to be Made Reg/ Board Alt Mayor Harmening II Walshak IV Matson I Katz IV Matson I Katz Mayor Harmening I Katz II Walshak IV Matson Civil Service Board Alt Code Enforcement Bd. Alt Comm. Redev. Adv. Bd. Alt Nuisance Abatement Bd. Reg Nuisance Abatement Bd. Alt Cemetery Board Alt Education Adv. Bd. Alt Education Adv. Bd. Reg Community Relations Bd. Alt Planning & Development Alt Length of Term Expiration Date 2 yr term to 4/95 TABLED Term expires 9/93 TABLED Term expires 8/93 TABLED 2 yr term to 4/95 TABLED 1 yr term to 4/94 TABLED 1 yr term to 4/94 TABLED 1 yr term to 6/94 TABLED Term expires 6/94 TABLED Term expires 4/94 TABLED Term expires 4/94 Notion Commissioner Matson moved to remove all tabled appointments from the table. Commissioner Katz seconded the motion, which carried 5-0. Mayor Harmening tabled his appointment to the Civil Service Board. Commissioner Walshak tabled his alternate appointment to the Code Enforcement Board. However, he preferred to have it removed since the term expires in three months. Mayor Harmening pointed out that the purpose of appointing an alternate is in case the Board does not have a quorum. In addition, the person could be reappointed when his term expires. Commissioner Matson appointed Peppl Greco as an alternate member to the Community Redevelopment Advisory Board, without objections. Commissioners Katz and Matson tabled their appointments to the Nuisance Abatement Board. Commissioner Katz tabled his appointment to the Cemetery Board. Mayor Harmening appointed Nancy Ruyle as an alternate member to the Education Advisory Board, without objections. Commissioner Katz appointed Jill Shaw as a regular member to the Education Advisory Board, without objections. Commissioner Walshak appointed Elizabeth Verderosa as an alternate member to the Community Relations Board, without objections. Commissioner Matson tabled her appointment to the Planning and Development Board. -2- MINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA ~UNE 1, 1993 Upgrade Accountant III position (vacant) In Finance Department from part-time to full-time status #orlon Vice Mayor Aguila moved to approve the City Manager's recommendation. Commissioner Walshak seconded the motion, which carried 5-0. D, Authorization to contribute $5,000 from Law Enforcement Trust Fund to the Palm Beach County High School Police Academ~ Motion Commissioner Walshak moved to authorize a $5,000.00 contribution from the Law Enforcement Trust Fund to the Palm Beach County High School Police Academy. Vice Mayor Aguila seconded the motion, which carried 5-0. E, Authorization to contribute $10,000 from Law Enforcement Trust Fund to the Palm Beach County Drug Abuse Awareness Program Motion Commissioner Matson moved to approve a $10,000.00 contribution from the Law Enforcement Trust Fund to the Palm Beach County Drug Abuse Awareness Program. Commissioner Katz seconded the motion, which carried 5-0. F, Intracoastal Park Site (10 acres) - Watersedge Condominium Assoc, fence proposal (southern boundary of Park Site) Motion Commissioner Matson moved to approve staff's recommendation with regard to a 9 gauge chain link fence on the southern boundary of the park site. Commissioner Katz seconded the motion. It seemed to Commissioner Aguila that this was discussed in the past and the City took a position that the condition of the fence was not their responsi- bility. City Manager Miller stated that discussions in the past pertained to a fence on the south side of Watersedge. The present request deals with a fence on the northern boundary. He added that it is normal procedure for the City to install a barrier on park sites. Funding for this proposed fence would come out of the CIP Fund, since park impact fees have all been accounted for. Further- more, the City will have to dip into the CIP Fund to complete the two parks in the northwestern part of the community. The motion carried 5-0. -3- MINUTES - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA OUNE 1, 1993 G. Replacement of two (2) 9a$ monitors for the Utlllty Pumptn9 Statlon Motion Commissioner Katz moved to approve two new gas monitors for the Utility Pumping Station and to repair the others. Vice Mayor Aguila seconded the motion, which carried 5-0. H, Authorization to construct a new well Installation/pump for Eze11 Hester Park (replacement system) Motion Commissioner Matson moved to replace the well, pump and accessory portions of the sprinkler system to make them operative. Vice Mayor Aguila seconded the motion. City Manager Miller stated it is important to get a new well installation; however, he wished the City Attorney to proceed with filing against the contrac- tor's bond for their failure to deliver the materials and supplies per the specs to have a functional well. He felt there is enough documentation to proceed against the contractor. He did not want to do this now; however, and have the fields go dry. Mayor Harmening was surprised the problems with the irrigation well and pump system did not show up earlier. Charles Frederick, Director of Recreation and Parks, advised that from the beginning there were problems and the contractor was approached numerous times, but to no avail. Commissioner Matson asked if the pump is being replaced completely. Mr. Frederick stated that the well and all the mechanics will be completely replaced. Motion Commissioner Matson moved to direct staff to install a moisture sensor to control the water supply at Ezell Hester Park. Commissioner Aguila seconded the motion, which carried 5-0. Amended Motion Commissioner Matson made an addition to her original motion to direct the City Attorney to take action against the contractor's bond. Vice Mayor Aguila agreed to the amendment. The motion carried 5-0. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA dUNE 1, 1993 Authorization to proceed with ventilation/exhaust systm for animal control shelter Motion Commissioner Matson moved to approve the installation of an additional exhaust fan at the animal control shelter by D. L.~Folsom, in the amount of $1,200.0D. Vice Mayor Aguila seconded the motion. Mayor Harmening did not think Dayton was the best fan. The motion carried 5-0. Authorization to purchase hurricane panels for various City buildings (pistol range, City ~ll complex, library and Hester Park) City Manager Miller advised that hurricane panels for the Utility building at the East Water Treatment Plant were received on Friday, at an additional cost of $28,750.00, which would come out of the Utility Fund. It seemed to Mayor Harmening that the Commission previously directed the City Manager to secure hurricane panels for the library. He wondered why this has not been done. He also felt that the gauge aluminum the City is purchasing for the pistol range is flimSY. He recommended purchasing at least 24 gauge. It was mentioned that the pistol range is the emergency operating center for the City. Commissioner Walshak pointed out that the pistol range is located in a flood area. City Manager Miller stated that at a meeting with the entire staff, including the building department, the pistol range was determined by all to be the best place to locate the emergency operating center. Motion Commissioner Matson moved to authorize the purchase of hurricane panels for various City buildings {pistol range, City Hall complex, library, Hester Park, and Utility building), subject to the panels being at least 24 gauge. Vice Mayor Aguila seconded the motion, which carried 5-0. K, Authorization to upgrade present Risk Manager position from part- time to full-time status Vice Mayor Aguila wondered if it would be more logical for other personnel to handle some of the duties of the Risk Manager, such as the City Attorney sitting in on depositions, the Police Department dealing with police liability training, and Personnel dealing with workers' compensation. Commmissioner Matson noticed that since September, the Risk Manager's hours have exceeded the twenty hours per week previously approved by the Commission. In October, she questioned whether this should be brought back before the Commission to expand those hours and was told no. Commissioner Matson also -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 1, 1993 pointed out the lack of savings associated with having the Risk Manager sit in on depositions instead of the City Attorney. City Manager Miller agreed it is not imperative to have the Risk Manager at depositions. In response to Commissioner Walshak, City Manager Miller felt the City needs a full-time Risk Manager. In response to Vice Mayor Aguila, he stated that when the Risk Manager asked for a reduction in hours a year ago, he did not feel secure doing so. He felt a full-time Risk Manager was needed then and feels a full-time Risk Manager is needed now. He pointed out that the Risk Manager will have to become involved with the new OSHA regulations which go into effect October 1, 1993. In addition, Personnel would need an additional employee to handle workers' compensation. He also pointed out that emergency preparedness was dropped when the Risk Manager went from full-time to part-time. City Manager Miller stated that monies are available for a full-time Risk Manager in the Risk Management Account. Mayor Harmening felt the Risk Manager's hours should not have been allowed to exceed twenty hours a week, since money was appropriated in the budget for only twenty hours a week. He pointed out that the year is slightly half over and the money is already almost depleted. Motion Based on budgetary constraints, Commissioner Katz moved that the Risk Manager's hours not exceed twenty hours for the remainder of the fiscal year. Commissioner Matson seconded the motion, which carried 4-1. Commissioner Walshak cast the dissenting vote. Authorlzatton to accept proposal from Gee & Jenson to provide design and engineering services for the Sara Sines Park Racquetball Court expansion City Manager Miller advised that the City is going to attempt to amend the contract to include the fees into the $51,000. However, he did not want to hold up the project and would like to start the engineering process. Morton Vice Mayor Aguila moved to authorize acceptance of Gee & Jenson's proposal to provide design and engineering services for Sara Simms Park Racquetball Court expansion. The motion carried 5-0. N, Authorization to piggyback on GSA Contract wtth Comte1 Industries, Inc, for Utlllt~ Telecomnunlcatlons S~stem Notion Commissioner Matson moved to approve the request to piggyback on the GSA Contract with Comtel Industries, Inc. for the Utility Telecommunications System. Vice Mayor Aguila seconded the motion, which carried 5-0. -6- MINUTES - REGULAR CITY CONN:ISSION MEETING BOYNTON BEACH, FLORIDA dUNE 1, 1993 III, CONSENT AGENDA A. Minutes 1. Spectal Ctty Co~nls$1on #eetlng Hlnute$ of May 13, 1993 No changes were made to these minutes. 2, Regular City Commission Neetlng N1nutes of Nay 18, 1993 With regard to Item VIII.B.4, Finizio vs. the City of Boynton Beach, Commissioner Matson said she had asked the City Attorney if a conflict of interest exists if someone contributes to someone's campaign. Her question and the City Attorney's Opinion were omitted from the minutes. She would like them inserted into the minutes. With regard to the same item, Commissioner Katz would like the minutes to reflect that the entire Commission received a letter from Ms. Greenhouse, not just him. With regard to Item XI.A.1, Commissioner Katz said he requested, "Old Business, New Business, and the City Manager's Report" be moved up on the agenda, not just, "Old Business and City Manager's Report." B, Bids - Reconeend Approval - All expenditures are approved In the 1992-93 AdoPted Budget 1, Annual Supply of Metal Containers The Tabulation Committee recommended awarding the bid to Hesco Sales, Inc., Miami, Florida, as their overall bid package was $725.80 less than competitor's proposal prices. In addition, they are the most responsive, responsible bidder meeting the bid requirements and specifications. Furthermore, they have been providing excellent service to the City for several years. Commissioner Katz noted that the figure totals over $100,000.00; however, the amount budgeted is only $40,000.00. City Manager Miller advised that the con- tainers are ordered on an as-needed basis. Commissioner Katz suggested refurbishing and utilizing the old containers at the Old Sewage Treatment Plant instead of ordering new ones. He also suggested supplying larger containers, if old ones are available, to save the expense of purchasing new ones. City Manager Miller and Robert Eichorst, Public Works Director, advised Commissioner Katz that this is done when possible. 2, Annual Supply of Blended Polyphosphate The Tabulation Committee recommended awarding the bid to Shannon Chemical Corp., Malvern, Pennsylvania, for $.75 per lb. x 130 lbs./day. The expected annual cost will be $35,587.50. Overall savings from last year equals $1,992.90. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 1, 1993 Shannon Chemical Corp. is the best responsive, responsible bidder meeting all required specifications. In addition, they have provided a satisfactory product and service to the City in the past. C, Pa,yment of Bills - Ma, y, 1993 City Manager Miller added a bill, in the amount of $9,750.00, payble to Josias & Goren, P. A., for the 1985 and 1990 refinancing relative to the bond issue. In response to Vice Mayor Aguila, Mr. Frederick advised that the George Snow Scholarship Fund is a joint project for the benefit of disabled children. The proceeds are split 50/50. Mayor Harmening inquired about the summer day camp trips to the Rapids Water Park. Mr. Frederick advised that this is paid for through the fees collected and that the camps are 100% self-supporting. A copy of these bills is attached to the original minutes on file in the City Clerk's Office. Motlon Commissioner Matson moved to approve the Consent Agenda, as amended. Vice Mayor Aguila seconded the motion, which carried 5-0. IV, ~NNOUNCEMENTS AND PRESENTATIONS A, Proclamations None. B, Presentations 1, First Annual Palm Beach Golf Cup - presentation of check to the Ctt~ for ~untor League Golf Program Brahm Dubin presented the City with a plaque and a trophy for winning in the Ladies Division of the 1st Annual Palm Beach Golf Cup on April 10, 1993 at the Delray Beach Golf Club. This event was sponsored by WPEC-Channel 12, WJNO, and the Palm Beach Post. A check, in the amount of $500.00 is forthcoming from the Palm Beach Post to be used for Junior Golf. Joe Sciortino, Manager of the Golf Course, advised that the $500.00 will be used to sponsor five children from the north end of the City in the Junior League Golf Program. Danny Hager of the Pro Shop explained this program and thanked Mr. Dubin. 2. Presentation of awards - Advlsor~ Board on Children and Youth High School photo contest Angela Girtman and Sidney Rosen of the Children and Youth Advisory Board pre- sented awards to the following students for Boynton Beach's 1st Annual Photo Contest for High School Students: -8- HINUTES - REGULAR CITY COMMISSION MEETING BOYNTOM BEACH, FLORIDA JUNE 1, 1993 1st Place - Jimmy Taylor, Atlantic High School 2nd Place - Tammi Stewart, Santaluces High School 3rd Place - Sune Woods, Santaluces High School Honorable Mention - Jim Kooni, Lake Worth Christian Honorable Mention - Julie Houston, Atlantic High School Honorable Mention - Silvia Toro, Santaluces High School Ritz Photo Centers contributed cameras. Rite Aid Drugs developed and printed the photographs. Smith Brothers enlarged the photographs. Hunter's Run con- tributed $400.00 in savings bonds, and the Elks contributed $100 in prize money. Mayor Harmening thanked the members of the Children and Youth Advisory Board for organizing this contest and those who secured the prizes. 3. Employee of the Nonth - Nay, 1993 Mayor Harmening and City Manager Miller honored Debbie Jones of the Building Department as Employee of the Month for May, 1993. C, Ocean Avenue Improvement Neetlng - June 17, 1993, at 6:00 P, N, City Manager Miller announced this meeting, to be held in the Library conference room. City Manager Miller invited all to attend and advised that the City is interested in their input. V, BIDS None. VI, PUBLIC HEARING None. VII, PUBLIC AUDIEHCE Wtlda Search, 402 N. E. 13th Avenue, was grateful to Community Development for putting a roof on her house. She addressed the Commission with respect to the Poinciana Magnet Program, a high school in Boynton Beach, and busing students. Belky Cruz, 2116 N. E. 1st Court, complained about people hanging clothes on their fences, junk vehicles, overgrown grass, and vandalism in her area. With regard to the clothes on the fences, City Manager Miller advised that this is usually covered in the deed restrictions and covenants of certain homeowners' associations. Junk vehicles and overgrown grass is handled by Code Enforcement. Deputy Chief Dale Hammack will handle these matters. NO ONE ELSE WISHING TO SPEAK, MAYOR HARMENING DECLARED PUBLIC AUDIENCE CLOSED AND DECLARED A RECESS AT 7:29 P. M. THE MEETING RESUMED AT 7:36 P. M. -9- 'NINUTE$ - REGULAR CITY CONI4ISSION HEETZNG BOYNTON BEACH, FLORIDA JUNE 1, 1993 ¥III. DEVELOPMENT PLANS A. Consent Agenda - Unanlmousl~ approved b~ Plannlng and Development Board None. B. Non-Consent Agenda - NOT unanlmousl~ approved b~ Planning and Development Board Project Name: Agent: Owner: Location: Description: Bo~nton Seacrest (f/k/a Cedar Grove) Julian Bryan Cedar Grove Investments, N. V. The east side of South Seacrest Boulevard, approximately 100 feet south of S. E. 31st Avenue (South Seacrest scrub site) Master Plan: Request for master plan approval to subdivide a 53.69 acre parcel of land into 142 single family lots, 82 duplexes (a total of 224 dwelling units) and a 4.2 acre public park and concurrency certification for roads, drainage and neighborhood park facilities. Mayor Harmening stated that this is an appeal from the decision rendered by the Planning and Development Board at their last regular meeting. This appeal is based on Section 7.5-63 of the Code. He asked that discussion be limited to Section 7.5-63 of the Code, which states, "(a) Whether the subject property is an environmentally sensitive land or contains endangered, threatened and rare species and/or species of special concern in accordance with the definitions set forth in sections 7.5-60(c) and (d); and (b) Whether the conditions placed on the development application by the planning and zoning board are reasonable and represent sound environmental practices necesssary to mitigate possible harmful impacts upon the subject property and are necessary in order to protect the health, safety and welfare of the citizens of the City of Boynton Beach. Martin Perry, Attorney for the applicant, read his May 28, 1993 letter addressed to City Attorney James Cherof. A copy of this letter is attached to the origi- nal minutes on file in the City Clerk's Office. Mr. Perry stated that approximately a year ago, a P.U.D. master plan was pre- sented in an effort to comply with the Comprehensive Plan by setting aside 25% and it was denied by this Commission. It was his opinion that the ordinances contemplated to be adopted by the Comprehensive Plan never were adopted and that it was contemplated at that time that "A" rated systems or any lessor systems would be removed from the Plan. He felt there was a good argument as to whether or not the City can still insist on environmental preservation under the Comprehensive Plan. He did not believe that the other environmental preserva- .tion ordinance has the requisite detail and sets forth the criteria that a reasonable planner, engineer, or environmentalist could follow, and thinks it is challengable on that basis. He advised that his client is adamant in his desire to be able to utilize his property and stated that the City clearly does not - 10- MINUTES - REGULAR CiTY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 1, 1993 wish to see this property developed. Two offers to purchase the property have been received from the Nature Conservancy; however, both offers are inadequate. He advised the Commission of his intentions to pursue his client's rights rela- tive to this property. Mr. Perry had in his possession plans of the P.U.D. master plan with the 25% set aside. He stated that the set aside could have been moved in order to satisfy desires. He believed the location of the set aside represented the most environmentally applicable place. Recognizing that the plan was not acceptable from the standpoint of an offer to set aside, he chose to treat the ordinances for what he interpreted them to be, that being inapplicable, and did not reflect a set aside on the master plan. W, Richard Staudlnger, City Engineer, referred to Recreation and Park Memorandum 93-185, which states that the comments of the Forester/Environmentalist, as sub- mitted at the previous TRC {Memo #93-168} have not been addressed by the appli- cant. Memo #93-166 deals with the requirements of the applicant to meet the Environmental Regulation Article I, Tree Preservation Sections 7.5-1 through 7.5-27 of the Code and the requirements of 7.5-22, natural growth to be pre- served, and states, "This site has been determined to be an environmentally valuable, nearly exinct ecosystem in South Florida. Meeting these sections may affect the master plan design resubmittal, as approved by the City." This memo also indicates that the applicant partially met the conditions outlined in this memo. They submitted an ecological assessment of the site as used in the P.U.D. for the subdivision master plan; however, they did not meet the other require- ments, namely a mitigation plan {Article IV, Sections 7.5-59 through 7.5-63}. In addition, the City Comprehensive Plan Ordinance #89-38, adopted November 7, 1989 policy 4.3.5, which requires a minimum 25% nature plant community preserva- tion area, was not met. A review of the environmental report overlayed on the subdivision master plan and the P.U.D. preserved overlayed on the subdivision master plan, and a listing of lots from Kevin Hallahan, the Environmentalist, which should be deleted from the master plan to meet the requirements of that section for the set aside. Mr. Staudinger referred to Planning and Zoning Department Memorandum No. 93-094, which states, "The subject property is delineated on the Comprehensive Plan Future Land Use Map as a 'Conservation Overlay District' due to an 'A' (high quality) rating of the native, Florida scrub ecosystem on the parcel." Mr. Staudinger stated that this comment outlines the fact that no preservation plan was shown as a requirement of the Comprehensive Plan Policy 4.3.5. In addition, it also outlines a similar situation, taking the P.U.D. preserve and the environmental report, overlaying that on the subdivision master plan as a listing of lots which should be deleted from the subdivision master plan to meet the requirements of the environmental set aside, This memo also details how the request does not meet the submittal requirements of Chapter 7.5, Article IV, Environmentally Sensitive Lands, Section 7.5-61, review procedures for proposed land alterations. It is staff's opinion that once the considerations of the Environmentalist and the Planning and Zoning Department memorandums are taken into effect, that the - 11 - MINUTES - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA JUNE 1, 1993 area could be preserved and the subdivision master plan would be approved. This was staff's recommendation to the Planning and Development Board. The Planning and Development Board denied the subdivision master plan. Mr. Staudinger stated the City Commission has three choices: 1. Uphold the Planning and Development Board's denial of the subdivision master plan; 2. Overturn the Planning and Development Board's action and grant an unconditional approval of the subdivision master plan, without staff comments; or 3. Overturn the Planning and Development Board's decision and grant a conditional approval, subject to staff comments, namely the environ- mental issues and several other minor items concerning set aside, traf- fic lights, etc. Commissioner Walshak asked for Mr. Staudinger's recommendation. Mr. Staudinger made the same recommendation he made to the Planning and Development Board, namely that if the environmental preserve area is set aside as detailed in the Planning and Zoning Department Memorandum and the City Environmentalist's memo, approval be given and the applicant proceed to the preliminary plat stage. Mr. Staudinger further recommended that once the lots are deleted, the City waive the fee and the applicant resubmit a master plan showing that area deleted with the necessary road truncation prior to preliminary platting. The construc- tion plans and preliminary plat can then be reviewed based on the revised sketch. Attorney Cherof reminded the Commission that if it is their intent to open this matter up for public comment, that public comment should not be the basis for their decision. In addition, when public comment is concluded, Mr. Perry should be afforded the opportunity to make closing remarks. Commissioner Katz referred to Mr. Perry's letter, which states that the Planning and Development Board based their denial on the applicant's failure to agree to the staff comments and conditions related to environmental regulations and that this was the sole reason for denial and will be the only issue before the City Commission. Commissioner Katz said he was at the Planning and Development Board meeting and disagreed with this statement. Attorney Cherof did not believe that the environmental issue was the sole reason for denial by the Planning and Development Board. Furthermore, he stated that when the matter was before the Planning and Zoning Board and City Commission on the P.U.D. application, it was not denied based upon the environmental issue. The record reflects that it was denied based on three other criteria that this Commission did not find accep- table at the time of that application. In response to Commissioner Walshak, Attorney Cherof concurred with Mr. Staudinger's recommendation that the matter be moved forward with approval and conditions. Public Hearln; Mayor Harmening opened this matter up for public hearing and requested that those who wished to speak limit themselves to the items on the appeal process. - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA QUNE 1, 1993 Richard Coy, 3390 Ridge Lane, objected to this project, referring to it as a slum, and pointing out the traffic hazard that would be created. Rose Krltzer, 124 S. E. 29th Avenue, spoke against this project, saying this property is endangered. Stanley Pallvoda, 110 S. E. 31st Avenue, pointed out that the survey indicates that everything endangered is on the front half of the property, not the rear which everyone recommended preserving. 4ean Zimbro, 2805 S. E. 1st Court, felt this is environmentally sensitive land and stated that traffic will be increased by this project. NO ONE ELSE WISHING TO SPEAK, MAYOR HARHENING DECLARED THE PUBLIC HEARING CLOSED. Vice Mayor Aguila stated that his concerns with the P.U.D. involved traffic, drainage, the location of the preserve area, etc. As a consequence of these items not being worked out, he voted against it. With regard to the present request, he concurred with the City Attorney and staff that the City does have a right to request certain set asides for environmentally sensitive lands. He stated that progress can be made on this project if the applicant shows some commitment to follow the Codes and set aside the appropriate sensitive areas in an area that clearly will support life. Motion Vice Mayor Aguila moved to approve the appeal on the part of the Boynton Seacrest and reverse the decision of the Planning and Development Board of May 11,'1993, subject to all conditions placed by various departments, including those relative to environmental set asides of 25% for sensitive lands. Commissioner Walshak seconded the motion. Commissioner Katz asked how much of the acreage the 25% set aside is based on. Mayor Harmening advised that it is based on the total acreage. Mr. Cutro advised that this is after right-of-way dedications. He said there was a finding made that of the 50 plus acres, 45 or 46 of them are environmentally sensitive. About 11.5 acres is based on 25% of the 45.5 acres. Commissioner Katz stated that he heard the whole acreage should be considered environmentally sensitive because it is a feeding ground for the scrub jays. Mr. Cutro read from Planning and Zoning Department Memorandum No. 93-094, which states that since no preservation is shown, the subject master plan is incon- sistent with Comprehensive Plan Policy 4.3.5 which requires preservation of a minimum of 25% of the total scrub habitat of 45.69 acres, i.e. 11.43 acres. Mr. Cutro stated that staff agreed with that number. In response to Commissioner Matson, Mr. Staudinger advised that according to Section 5 of Appendix C, upon approval of the master plan by the Technical Review Board, the developer shall have prepared and shall submit to the City - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE I, 1993 Engineer's Office within six months two sets of construction plans and six sets of the preliminary plat, along with a nonreimbursable fee as adopted. Mr. Staudinger stated that the time period may have been changed to a year. He will research this. Assuming the developer does nothing within this time frame, the master plan would be considered null and void. Commissioner Katz asked if the master plan would be considered incomplete if the 25% set aside is not on it. Mr. Cutro answered in the affirmative. The motion carried 3-2. Commissioners Katz and Matson cast the dissenting votes. C, Other Jonathan's Grove - Variance to Appendix C, Article 10, Sec, I to allow access to lots within a subdivision within 1BO' from an intersecting row (Lawrence Road) Vincent Finizio, Deputy City Engineer, advised that the TRC reviewed Gee & Jenson's application on behalf of MI Homes. The Code requires a developer to provide access to the first lot from an intersecting point of a road of a higher classification than a local street, a distance of 180 feet. The consensus of the TRC.was that Lots 1 and 32 be rendered unbuildable and the driveways on Lots 2 and 31 be placed as far east as physically possible. The applicant has expressed a desire to seek relief because of the small geometry of the parcel. They desire not to lose any lots. Mr. Finizio stated that one of the staff members recommended shifting the dry retention area to the front of the property. Mr. Finizio stated that if this is done, the developer would be more likely to maintain it because when retention areas are located at the rear of subdivisions, it is very difficult for the City to enforce maintenance of them because they are very rarely seen. All the lots would be shifted and the first driveway would intersect at approximately 160 feet. Additionally, with the exception of the control structure at the extreme east end, this site has no formal storm water drainage system. Mr. Finizio stated that the Commission's options are as follows: (1) Grant full relief; (2) Follow the recommendations of the TRC, with the strongest opposi- tion coming from Chief Dettman's representative who feels the first two lots should be rendered unbuildable; or (3) Shift the dry retention area to the front, which is the west side of the property. In response to Mayor Harmening, Mr. Finizio advised that the developer was pres- ent at the TRC meeting and expressed an objection to shifting the dry retention area to the front and constructing a formal storm water drainage system. Jim Park of Gee & Jenson was present on behalf of the applicant. He advised that a hardship exists for several reasons. He stated that there is no prac- - 14 - HINUTE$ - REGULAR CITY COI4HIS$IOH HEETING BOYNTON BEACH, FLORIDA JUNE 1, 1993 tical means of developing the site other than by building a road through the center of the property. The alternative of providing a wetland area at the front of the site would present a grading problem that cannot be overcome very readily. He explained the problem and stated that it would cost $50,000 to pro- vide piping for the storm drainage. Mr. Park requested the Commission to consider the special circumstances of this property where 32 lots do not create the same kind of problem anticipated on other more intensively developed areas utilizing local streets for access and make the determination that because of the unique nature of a small, totally controlled, totally predictable traffic generation of this small development, that the variance request is justified, that there is adequate stacking space for cars waiting to enter traffic on Lawrence Road, and there would be no safety problems or public inconvenience as a result of allowing the subdivision as drawn to be permitted and grant the variance as requested. Mr. Park felt the code provision is a very awkwardly structured provision and is not as clear as it should be. Commissioner Walshak expressed concern regarding the dry retention area and felt that a northbound stacking lane turning right into the project would solve a lot of problems. Mr. Park pointed out that a stacking lane would shift the pavement even closer to the first lot. In addition, problems may be created because of the lift station. In response to Vice Mayor Aguila regarding the sign wall, Mr. Finizio stated that staff recommended removal of that section of wall, which the owner did not seem to be in opposition to. With regard to the storm water retention with eventual outflow into the canal, Mr. Park felt that, in addition to the grade problem, the water would be transported throughout the entire neighborhood and every lot would be impacted in the event of a malfunctioning or inadequate problem. If adjacent to the canal, problems can be dealt with very easily. In response to Commissioner Walshak, Mr. Finizio advised that the Utility Department was not in agreement with the location of the lift station and it will have to be relocated. Mr. Staudinger advised that the Utility Department has not requested that the lift station be moved. They gave the developer several options. The option to leave it at Lawrence Road is a valid option. It merely needs to be deepened approximately five feet so that the gravity sewer line at the east end of the property maintains an eight foot depth to allow service to the property east of that area. Commissioner Katz moved to deny the variance for Jonathan's Grove. The motion died for lack of a second. - 15- MINUTES - REGULAR CITY COMHISSION MEETING BOYNTON BEACH, FLORIDA JUNE 1, 1993 Commissioner Walshak moved to approve the variance, subject to all staff com- ments and subject to a deceleration lane being put in south of the intersection (west property line). Vice Mayor Aguila seconded the motion, but pointed out that there are conflicting staff comments. In addition, he did not want to make a condition of approval on something that is not designable. Commissioner Walshak stated that his motion is predicated on the fact that it is workable. The staff comment referred to in his motion is the one that has to do with deepening the lift station. It was pointed out that was not a written staff comment. Commissioner Walshak withdrew his motion. Vice Mayor Aguila withdrew his second. Notion Commissioner Walshak moved to approve the variance for all four lots, subject to the construction of a deceleration lane south of the intersection. Vice Mayor Aguila seconded the motion. Mayor Harmening preferred rendering the first two lots unbuildable. Then the wall would no longer be a consideration. He felt a deceleration lane does not need to be built at this time. The motion carried 3-2. Mayor Harmening and Commissioner Katz cast the dissenting votes. 2, RequeSt authorization to process use determination to ~11ow tndoor fle~ m~rket In the M-1 Zonlng Dlstrlct Mr. Cutro advised that William Wright has requested a text change for the M-1 zoning district be considered by the City. The use is a merchandise mart which would sell goods at retail and wholesale. It is listed as a flea market, but Mr. Cutro felt a merchandise mart is more appropriate because no used goods would be sold. Mr. Wright is considering locating this mart in the Rel Building, 3800 South Congress Avenue. The Comprehensive Plan allows wholesale and retail uses if they are in a planned industrial district. The M-1 zoning district specifically prohibits retail uses. Therefore, if the Commission approves this request, they will have to amend that portion of the Code to eliminate the prohibition. This amendment will then be taken to the Planning and Development Board at their next meeting and presented back to the Commission in two weeks. Ron ShaPiro, a registered professional engineer in Maryland and Florida, is President of Anchors Away Inc., the company who would be managing this facility. Mr. Shapiro anticipated both indoor and outdoor retail sales at this location. His operation is much more upscale than a flea market. No used merchandise is allowed; however, there will be some antiques and collectibles. Vendors will be relatively permanent. There will be uniformed security guards as well as electronic security around the building. - 16 - MINUTES - REGULAR CiTY COMMISSION MEETING BOYNTON BEACH, FLORIDA OUNE 1, 1993 Commissioner Walshak felt this discussion is completely out of order because it centers around a specific situation and site. Mr. Shapiro stated that a merchandise mart would bring tax revenues to the com- munity and provide local enterpreneurs an opportunity to go into business and improve the quality of their lives and the lives of the community. In response to Commissioner Walshak, Mr. Cutro stated that use determinations are made by having the City Commission authorize staff to take them to the Planning and Development Board. From a licensing and tax revenue point of view, there probably will be an increase to the City. However, you would be taking industrial property off the tax roll and using it for a commercial purpose. The Comprehensive Plan states that there is enough commercial property in the City to support this use and other uses. Once industrial land is lost, it is very hard to get it back. Motion Commissioner Walshak moved to deny the request to authorize to process use determination to allow indoor flea markets in the M-1 Zoning District. Commissioner Matson seconded the motion, which carried 5-0. MAYOR HARMENING DECLARED A RECESS AT 9:08 P. M. THE MEETING RESUMED AT 9:16 P. M. 3, Update on Casa Loma Boulevard parking for Club Nautico Mr. Cutro stated that earlier this year the City Commission discussed the re- licensing of Club Nautico and the overpaving of Casa Loma Boulevard. During these discussions, he was asked to determine what parking would be needed for Club Nautico and to determine if the owner of Water's Edge Marina would lease the front along Casa Loma Boulevard to the City for use for parking. The Water's Edge Marina indicated they would lease the frontage to the City for certain considerations which include the relocation and repair of the fence, or planting of a hedge along the edge of the parking on their property and the ability to rent additional slips in the marina to drift or dive boats. George Culver and Janet Hall have indicated that they are willing to pay for the improvements, which total about $t6,000. In return, Mr. Culver would be allowed to expand his business by 50 feet, and Janet Hall would get to build the SeaMist Center previously approved by the Commission. Ms. Hall has not been able to proceed with the SeaMist Center because of parking problems. Mr. Cutro advised that the City's investment would be minimal, if any, and would come out of TIF funds. There is enough money in this fund. Mr. Cutro requested authorization to draw up agreements, have specs prepared by Gee & Jenson, and prepare the necessary lease arrangements with City Attorney Cherof. Commissioner Katz asked if the City could charge a reasonable amount on top of the drift boat licensing fees to recoup the money from the parking that the City - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~UNE 1, 1993 may have to pay for. Mr. Cutro said he will have to check with City Attorney Cherof to see if the City has the ability to raise the licensing fee. In response to Mayor Harmening, Mr. Cutro believed there would have to be some trenching on the north and south sides. He said he was informed by Mr. Staudinger that drainage was included in the $15,000 cost. Notion Commissioner Matson moved to authorize the City Engineer to prepare the specs for the plans and the City Attorney to prepare a lease for the frontage on Casa Loma Boulevard from Water's Edge Marina and a draft payment agreement for George Culver and Janet Hall. City Attorney Cherof pointed out that we are also dealing with a controversy where the Commission authorized a quiet title action at the end of Casa Loma Boulevard. It was the consensus of the Commission that this was a separate issue. Vice Mayor Aguila seconded the motion, which carried 5-0. 4, Master Plan Modification for Lawrence Groves to eliminate Bedford Boulevard entrance and add two additional building lots Mr. Cutro advised that the Urban Design Studio has requested a modification to the Lawrence Grove Master Plan to close a proposed connection to Bedford Boulevard and use that connection for two additional building lots. When Lawrence Grove was originally approved by the City Commission, there was a condition placed on the development that required them to provide a right-of-way for Bedford Boulevard between the Meadows and themselves. The TRC was concerned about whether or not we are creating a land locked parcel. Mr. Cutro advised that we are not creating a land locked parcel. He stated that Bedford Boulevard still goes into the property from the Meadows and would be accessible from that point, as well as accessible by culverting and crossing over the canal on the north side of Miner Road if the developer decides to de- velop that property. The TRC was also concerned about whether or not this should be left in as an alternative way of moving traffic and people on the north side of the canal. Mr. Cutro stated that the need for Bedford Boulevard has faded. We do not regulate whether or not developments close themselves off or open themselves up to other developments. Staff recommended this be forwarded to the Planning and Development Board as a minor modification. Notion Commissioner Matson moved to consider this to be a minor modification. Commissioner Walshak seconded the motion. - 18- FIINUTES - REGULAR CITY COFIFII$$IOH FLEETING BOYNTON BEACH, FLORIDA ~UNE 1, 1993 In response to Vice Mayor Aguila regarding Utilities Memorandum No. 93-234, Mr. Cutro advised that the applicant is attempting to work that out with Mr. Guidry. The motion carried 3-2. Mayor Harmening and Commissioner Katz cast the dissenting votes. IX, LEGAL A, Ordinances - 2nd Reading -Publtc Heartng 1, Proposed Ordinance No, 093-11 Re: Annexation - High Ridge Road (Lots 7 and 8, High Ridge Subdivision) Attorney Cherof read Proposed Ordinance No. 093-11 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE HIGH RIDGE ROAD APPLICATION (WEST SIDE OF HIGH RIDGE ROAD, APPROXIMATELY 1,000 FEET SOUTH OF HYPOLUXO ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7(32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONI'NG OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION. No one wishing to speak on this ordinance, Mayor Harmening declared the public hearing closed. Flotion Commissioner Matson moved to adopt Proposed Ordinance No. 093-11 on second and final reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by the Deputy City Clerk. The motion carried 5-0. Proposed Ordinance No, 093-12 Re: Land Use Amendment - High Ridge Road (Lots 7 and 8, High Ridge Subdivision) Attorney Cherof read Proposed Ordinance No. 093-12 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE HIGH RIDGE ROAD APPLICATION (WEST SIDE OF HIGH RIDGE ROAD, APPROXIMATELY 1,000 FEET SOUTH OF HYPOLUXO ROAD) AMENDING ORDINANCE 89-38 - 19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 1, 1993 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY LR-2 (LOW RESIDENTIAL 2) TO LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. No one wishing to speak on this ordinance, Mayor Harmening declared the public hearing closed. Notion Commissioner Matson moved to adopt Proposed Ordinance No. 093-12 on second and final reading. Vice Mayor Aguila seconded the motion. A roll call vote was polled by the Deputy City Clerk. The motion carried 5-0. 3, Proposed Ordinance No, 093-13 Re: Rezonlng -Htgh Rtdge Road (Lots 7 and 8, Hlgh Rtdge Subdivision) Attorney Cherof read Proposed Ordinance No. 093-13 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE HIGH RIDGE ROAD APPLICATION (WEST SIDE OF HIGH RIDGE ROAD, APPROXIMATELY 1,000 FEET SOUTH OF HYPOLUXO ROAD) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY RS (RESIDENTIAL SINGLE FAMILY) TO R-I-AAB (SINGLE FAMILY RESIDENTIAL); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one wishing to speak on this ordinance, Mayor Harmening declared the public hearing closed. Mot!on Vice Mayor Aguila moved to adopt Proposed Ordinance No. 093-13 on second and final reading. Commissioner Matson seconded the motion. A roll call vote was polled by the Deputy City Clerk. The motion carried 5-0. 4, Proposed Ordinance No, 093-14 Re: Creatton of posltlon of N~yor Pro Tem Attorney Cherof read Proposed Ordinance No. 093-14 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A PROCEDURE FOR SELECTION OF MAYOR PRO TEM; PROVIDING FOR A DEFINITION; PROVIDING FOR POWERS AND DUTIES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. No one wishing to speak on this ordinance, Mayor Harmening declared the public hearing closed. - 20 - HINUTE$ - REGULAR CITY CO!414I$$ION #EETIHG BOYNTON BEACH, FLORIDA ~UNE 1, 1993 Notion Vice Mayor Aguila moved to adopt Proposed Ordinance No. 093-14 on second and final reading. Commissioner Matson seconded the motion. Commissioner Katz felt this was needless from the beginning and that the City Charter allows for any unforseen problems. In response to Commissioner Walshak, City Attorney Cherof did not think a conflict exists. He stated that the Charter addresses the powers and duties of the Mayor and Vice Mayor, but it is silent with respect to ceremonial purposes in the absence of either of them to be available. There is a specific provision for filling a vacancy. This is purely a procedural rule that the Commission is adopting and has no effect on Charter powers. A roll call vote was polled by the Deputy City Clerk. The motion carried 3-2. Commissioners Katz and Walshak cast the dissenting votes. B. Ordinances - 1st Reading Proposed Ordinance No, 093-15 Re: Establishing a No-Wake Ordinance, speed restrictions on the C-15 Canal at the P~oneer Park Boat Ramp Attorney Cherof read Proposed Ordinance No. 093-15 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III, SECTION 16-93 BOATS AND BOATING, PROVIDING FOR ESTABLISHMENT OF A MOTORBOAT AND PERSONAL WATERCRAFT SPEED RESTRICTION ON C-16 CANAL (PIONEER PARK); PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Notion Vice Mayor Aguila moved to approve Proposed Ordinance No. 093-15 on first reading. Commissioner Matson seconded the motion. A roll call vote was polled by the Deputy City Clerk. The motion carried 5-0. 2, Proposed Ordinance No, 093-16 Re: Amend Flreflghter Pension Plan to Incorporate Internal Revenue $ervtces Requlr~nts Attorney Cherof read Proposed Ordinance No. 093-16 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE IV, PENSIONS FOR FIREFIGHTERS, SECTION 18-180 TO PROVIDE MAXIMUM INCOME LANGUAGE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 415(D) OF THE INTERNAL REVENUE CODE; AMENDING SECTION 18-183, PROVIDING A DEFINITION OF AVERAGE ANNUAL COMPENSATION FOR THE PURPOSE OF INTERPRETING THE TAX PROVISIONS OF THE PENSION CODE; CREATING SECTION 18-187, PROVIDING FOR DISTRIBUTIONS IN REVENUE CODE; CREATING SECTION 18-188, PROVIDING FOR 100% VESTING UPON REPEAL OR TERMINATION OF THE FUND IN ACCORDANCE WITH - 21 - NZNUTES - REGULAR CITY CONMISSION 14EETING BOYNTON BEACH, FLORIDA ,1UHE 1, 1993 PROVISIONS OF THE INTERNAL REVENUE CODE; PROVIDING THAT EACH AND EVERY PART OF ARTICLE IV NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Notion Commissioner Matson moved to approve Proposed Ordinance No. 093-16 on first reading. Vice Mayor Aguila seconded the motion. Mayor Harmening pointed out a typographical error in the fifth paragraph on page 2. On the third line, it should say, "interest rate," not "interest rat". A roll call vote was polled by the Deputy City Clerk. The motion carried 5-0. 3, Election of Mayor Pro Tom Notion Vice Mayor Aguila moved to nominate Commissioner Matson as Mayor Pro Tem. Mayor Harmening passed the gavel and seconded the motion. Commissioner Katz did not want his vote to be any reflection on the person nomi- nated. He said he is merely being consistent regarding his feelings of this position. A roll call vote was polled by the Deputy City Clerk. The motion carried 3-2. Commissioners Walshak and Katz cast the dissenting votes. C, Resolutions 8, Proposed Resolution No, R93-79 Re: Authorize a 20 foot alley abandonment (Neinke), and execution of Disclaimer Attorney Cherof read Proposed Resolution No. Rg3-79 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A 20 FOOT ALLEY, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ALLEY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-79. Commissioner Matson seconded the motion, which carried 5-0. Proposed Resolution No, R93-BO Re: Authorize execution of a Water Service Agreement between the City of Boynton Beach and Broward Pump and Supply (Old Dixie Highway) - 22 - MINUTES - REGULAR CITY COl(MISSION MEETING BOYNTON BETH, FL~IDA JUNE 1, 1993 Attorney Cherof read Proposed Resolution No. R93-80 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BROWARD PUMP AND SUPPLY; AND PROVIDING AN EFFECTIVE DATE. Commissioner Walshak asked when the City is going to do something about the sewage being readily available in this neighborhood. City Manager Miller advised that there are no plans for this within the next several years. Mayor Harmening advised that it is not economically feasible to service this area. Besides, this property is not located in the City at this time. Commissioner Walshak suggested the residents help with the connection of sewers, especially since the Commission authorized staff to proceed with southern annexation. Commissioner Katz asked how this benefits the City in terms of dollars. Mayor Harmening advised him that it is very beneficial in more ways than one. Motion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-80. Commissioner Matson seconded the motion, which carried 4-1. Commissioner Walshak cast the dissenting vote. 2. Proposed Resolution No. R93-81 Re: Authorize acceptance of RTC Property at 611-619 N. E. 6th Avenue Attorney Cherof read Proposed Resolution No. R93-81 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING PROPERTY AT 611-619 N. E. 6TH AVENUE, FROM RESOLUTION TRUST CORPORATION; AUTHORIZING AND DIRECTING THE CITY CLERK TO PREPARE ALL NECESSARY DOCUMENTATION; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR SALE OF REAL ESTATE; AND PROVIDING AN EFFECTIVE DATE. City Manager Miller advised that this is vacant property. Motion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-81. Commissioner Walshak seconded the motion for discussion purposes. Commissioner Walshak noticed the high cost for lot mowing, in the amount of $107,858.00. The motion carried 5-0. Proposed Resolution No, R93-82 Re: Authorize execution of a Water Service Agreement between the City of Boynton Beach and Eloise Beach (3377 N, Federal Highway) - 23 - NZNUTE$ - REGULAR CITY CONHi$$ION NEETING BOYNTON BEACH, FLORIDA ~UNE 1, 1993 Attorney Cherof read Proposed Resolution No. R93-82 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ELOISE BEACH; AND PROVIDING AN EFFECTIVE DATE. Commissioner Matson noted that 3377 N. Federal Highway is merely a mailing address and this needs to be changed. Commissioner Walshak wanted the sewer hooked up before he votes to give them water. City Manager Miller advised him that this is being done now. #otton· Commissioner Matson moved to approve Proposed Resolution No. R93-82. Commissioner Katz seconded the motion for discussion purposes. Commissioner Katz wanted to make sure there is a no holds annexation agreement with this. It was brought to his attention that this is covered in paragraphs 8 and 9 of the water service agreement. The motion carried 4-1. Commissioner Walshak cast the dissenting vote. At this point in the meeting, Commissioner Katz left the Chambers. Proposed Resolution No, R93-B3 Re: Authorize execution of a contract between the City of Boynton Beach and Data Flow Systems to provide Remote Telemetry Unlts for Uttllty Department (RTU's) Attorney Cherof read Proposed Resolution No. R92-83 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND DATA FLOW SYSTEMS TO PROVIDE FOR REMOTE TELEMETRY UNITS (RTU) FOR THE UTILITY DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. Notlon Vice Mayor Aguila moved to approve Proposed Resolution No. R93-83. Commissioner Matson seconded the motion, which carried 4-0. Commissioner Katz had not yet returned. Proposed Resolution No, R93-84 Re: Authorize execution of a Natntenance Contract between the City of Boynton Beach and $cantron for renewal of the #5200 Equipment Attorney Cherof read Proposed Resolution No. R93-84 by title only: - 24 - HINUTE$ - REGULAR CITY COI4HI$$ION NEETING BOYNTOH BEACH, FLORIDA dUNE 1, 1993 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND SCANTRON, PROVIDING FOR MAINTENANCE OF OUR #5200 EQUIPMENT; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Matson moved to approve Proposed Resolution No. R93-84. Vice Mayor Aguila seconded the motion, which carried 4-0. Commissioner Katz had not yet returned. At this point in the meeting, Commissioner Katz returned. Proposed Resolution No, R93-85 Re: Authorize a 20 foot alley abandonment (Clare) and execution of Disclaimer (20 foot alley adjacent to 611 N, E. 7th Avenue) Attorney Cherof read Proposed Resolution No. R93-85 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A 20 FOOT WIDE ALLEY, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ALLEY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. Notton Commissioner Walshak moved to approve Proposed Resolution No. R93-85. Vice Mayor Aguila seconded the motion, which carried 5-0. 7, Proposed Resolution No, R93-B$ Re: Authorize execution of Summer Day Camp Bus Contract wlth Palm Beach County $chool Board Attorney Cherof read Proposed Resolution No. R93-86 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY SCHOOL BOARD, PROVIDING FOR SUMMER DAY CAMP BUSING; AND PROVIDING AN EFFECTIVE DATE. Notion Vice Mayor Aguila moved to approve Proposed Resolution No. R93-86. Commissioner Walshak seconded the motion, which carried 5-0. D, Other 1, Discussion regarding definition of Adult Entertainment Establishment - 25 - HINUTE$ - REGULAR CITY COl414I$SION HEETING BOYNTON BEACH, FLORIDA JUNE 1, 1993 City Attorney Cherof referred to the draft ordinance in the backup material and requested the City Commission's authorization to add it to the next agenda for first reading. This ordinance is intended to clear up a minor dispute with the Sheriff's Department over their authority to come into the City to enforce the countywide adult entertainment ordinance which is enforceable in the City of Boynton Beach because the City has never opted out of it. For maximum con- sistency, City Attorney Cherof suggested the definition of adult entertainment establishment track exactly what is set forth in Section I7-147 (5a-c) of the Palm Beach County Code. In response to Mayor Harmening, City Attorney Cherof stated that based upon his discussions with the Attorney for the Sheriff's Department, although they feel they can come into the City to enforce the countywide ordinance, they are reluc- tant to do so unless the definition of an adult entertainment establishment in this City is identical to the one at the County level. Deputy Chief Hammack enlightened the City Commission of the inconsistencies in enforcement because the City does not have an ordinance regarding adult enter- tainment. For instance, full nudity is not allowed in the County; however, it is in Boynton Beach. Commissioner Matson expressed concern that the County Code contains more defini- tion of what constitutes adult entertainment establishments and she did not want to see these things in the City of Boynton Beach, such as adult book and video stores and peepshows. Deputy Chief Hammack advised that three establishments in the City have been grandfathered in. The City does not have peepshows or adult book stores; however, there is zoning to allow those. Commissioner Matson asked City Attorney Cherof if, by adopting some of these definitions, the City is leaving itself open for someone to put them in Boynton Beach because it is in the Code. City Attorney Cherof did not believe there is any corresponding zoning classification for those types of businesses. Commissioner Katz felt the City Attorney should be asked to research successful attempts to get rid of adult entertainment establishments in Florida cities. Mr. Cutro advised that adult entertainment establishments are allowed in the M-1 and PID~zoning districts. The crux of the lawsuit filed before he arrived at the City was that the City attempted to ban them and had to allow that use within certain zoning districts. Commissioner Walshak suggested inserting into the ordinance authorization for the Boynton Beach Police Department to enforce the County Ordinance the City is tracking. City Attorney Cherof felt that would defeat the purpose of not having opted out of the County Ordinance. In addition, the benefit of the situation now is that it is the responsibility of the Sheriff's Department to enforce the Ordinance. It was the consensus of the City Commission that City Attorney Cherof bring this ordinance back for first reading. - 26 - NZNUTES - REGULAR CITY COI~ISSION NEETIHG BOYNTON BEACH, FLORIDA JUNE 1, 1993 X, OLD BUSINESS 1, Status of lighting system in the Vlllage Royale on the Green (VRG) Community City Manager Miller referred to Engineering Department Memorandum No. 93-128 and said he has been unsuccessful in contacting the City's FPL representative, Terry Robinson, to make sure she is aware of this report and has had an opportunity to review it. He would like this matter tabled until such time as he has obtained her input. Mayor Harmening wondered about the portions of this memo that were altered. City Manager Miller will see to it that Mayor Harmening receives the original memo. Notlon Vice Mayor Aguila moved to table this matter. Con~nissioner MatSon seconded the motion, which carried 5-0. XI, NEW BUSINESS A. Items for discussion requested by Vice Na.yorAgulla 1, Agenda comments Vice Mayor Aguila referred to comments made by Commissioner Katz at the last meeting and stated that he was in favor of moving items for discussion requested by the Commission members before legal to accommodate the citizens. He also was in favor of not listing the specific topic for discussion; however, he did not want this to be used as a forum to sneak through legislation on unsuspecting citizens. Commissioner Matson felt these items are for discussion amongst the Commission members and if anything comes of them, they will go through first and second readings or a resolution, at which time the citizens will have the opportunity to come forward. Vice Mayor Aguila felt he would be able to make a more intelligent decision by involving the citizens from the start. Notion Vice Mayor Aguilia moved to move New Business up before legal on future agendas. Commissioner Walshak seconded the motion, which carried 3-2. Mayor Harmening and Commissioner Matson cast the dissenting votes. 2, Establish specific schedule for Land Development Regulations Vice Mayor Aguila stated that discussions have been ongoing regarding the land- scape code, the zoning code, and the land development regulations. He requested that at the next Commission meeting he be provided with a specific date certain - 27 - *should read, "...that Mayor Harmening and the Commissioners receive the original memo." MINUTES - REGULAR CITY COle4I$SION MEETING BOYNTON BEACH, FLORIDA ~UNE 1, 1993 schedule for what this package will include, what sections of the development regulations will be included, and by what date each section or the entire package will be implemented. 3, Congratulations to the Ctty of Delr~ Beach Vice Mayor Aguila requested Mayor Harmening send a letter of congratulations to the City of Delray Beach on behalf of the City of Boynton Beach for being named All-American City. 4, Median Maintenance - Boynton Beach Boulevard and 1-95 Vice Mayor Aguila stated that weeds are growing through the paver block that was placed on the median. If this is the responsibility of Tare Landscaping, he doubted that they are fulfilling the requirements of the contract and are doing an adequate job. City Manager Miller advised that their contract expires the end of September. Vice Mayor Aguila said if this is not in their contract, then it needs to be determined how to maintain the medians. Items for discussion requested by Commissioner Katz 1, Board of AdJusb~ent Commissioner Katz asked if a change could be made so that it would take a majority vote to either approve or deny a variance. City Attorney Cherof advised, that it can be changed and that the State Law from which the language came from was abolished. Mayor Harmening was not in favor of this change and stated that this was written into the State Law as a safeguard. In response to Vice Mayor Aguila, City Attorney Cherof advised that the language in the State Law was abolished when the home rule powers for municipalities came into being. Rather than have the State control those in the manner in which Boards of Adjustment operated, those powers were shifted locally to the cities to establish their own rules and procedures. Motion Commissioner Katz moved to instruct the City Attorney to create the necessary ordinance to change the Board of Adjustment from a super majority to a simple majority to grant variances. Commissioner Walshak seconded the motion, which failed 2-3. Mayor Harmening, Vice Mayor Aguila, and Commissioner Matson cast the dissenting votes. 2, Recycling Commissioner Katz referred to an article in the May 23, 1993 Sun-Sentinel, which stated that the Solid Waste Authority plans to add cardboard and glossy magazine paper to its residential collection program in unincorporated parts of Palm - 28 - NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA ~IUNE 1, 1993 Beach County by March, 1994 and expects some city recycling programs to follow suit. He would like this City to follow suit as soon as possible. Bob Eichorst, Public Works Director, stated that just as soon as the Solid Waste Authority will accept it, the City will haul it. 3, Civic Center Park Commissioner Katz stated that he received several telephone calls regarding the lack of equipment for the children to play with at the Civic Center Park. Charles Frederick, Recreation and Parks Director, agreed that the playground is in bad shape and stated that he requested $35,000.00 in the Department's budget to replace all the equipment and bring it up to the current ADA requirements. He mentioned that the horse swing system presently in the park is not recom- mended by the Consumer Product Safety Commission because of accidents. In response to Commissioner Katz, Mr. Frederick stated that he could include additonal benches and a picnic table. C, Items for discussion requested by Commissioner Walshak 1, Variance Boards a. Board of Adjustment b, Building Board of Adjustment and Appeal Commissioner Walshak advised that he was at the Building Board of Adjustment and Appeal's first meeting in two years. All the members were present; however, the City Attorney was not because no one informed him of the meeting. Commissioner Walshak wanted to make sure that this problem is rectified and does not happen again. He felt it was very important for the City Attorney to be present at these quasi-judicial board meetings. Commissioner Matson said she had a similar problem. She was stuck on a Tri-Rail train from Fort Lauderdale and nobody showed up to let anybody into the building for the North Boynton Task Force meeting. City Attorney Cherof stated that no matter who is responsible for communicating, it is his responsibility to find out about these meetings. He promised to be at the next one. 2, Remaining Nelaleuca Trees on N, W, 7th Avenue in City Rights-of-Way Commissioner Walshak stated that Parks and.Recreation did a nice job cutting down the Melalucas at Laurel Hills Park; however, he wondered why the melaleuca trees were not cut down in the City right-of-way thirty feet away from the peri- meter of the park. Mr. Frederick pointed out that it is City policy, adopted by the Commission, not to cut down Melaleuca trees in rights-of-way, except on City property, parks and - 29 - III. CONSENT Co oc: F±nance AGENDA June 1, 1993 1. ADVANCED DATA PROCESSING 3,203.00 P.O. 4231. Collections for ALS calls. Pay from General Fund---001-22t-5-468-00 2. ALLIED LiME 8,261.32 P.O. 2844. Lime for Chemical Softening. Pay from Water and Sewer Revenue---40i-335-5-365-00 3, BARNETT BANKS TRUST COMPANY, N.A, 20,414.11 Quarterly fee for quarter ending 3/3t]93. (Money Manager) - $18,689.57 Pay from Retirement Trust Fund---61!-137-5-229-00 Quarterly fee for quarter ending 3/31/93. (oustodla_) - $1 724.54 Pay from Retirement Trust Fund---611-137-5-229-00 BOCA TIRES P.O. 2892. Tires. Pay from Warehouse Fund---502-O00-0-410-17 1,114.48 BOYNTON PUMP AND IRRIGATION SUPPLY P.O. 2923. Irrigation parts/supplies Pay from General Fu~ld---001-/~2-5-3_O-02 1,027.95 CH2M HILL Professional Engineering Services for the Desig~ of the East Water Treatment Plant Clarifier Improvements (Task Order No. 10G) from 3/25/93 through 4/24/93. Pay from 1990 Construction Fund---409-O00-O-690-10 303 9, ,06 CAROLINA FITNESS EQUIPMENT P,O. 4359. Tectrix Ciimbmax Climber Pay from Public Service Tax Const~--- 301-721-5-642-02 2,400.00 CENTER FOR PAMiLY oER~zCEo Employee Assistance Program. Pay from General Fund---001-135-5-482-00 1,396,82 DR~ JiM COLE Workshop, Lodging~ Books for Prejudice and Discriminanion Workshop. Pay from General Fund--O01-194-5-470-10 2,095.75 !0. ~AV~.~ HAMILTON JACKSON & ASSOCIATES Quarterly Management Fee 1/1/93 thru 3/31/93 Pay from Retirement Trust Fund---6tl-!37-5-229-00 !7~227,08 Bill for Josias & Goren added -- Legal services for 1993 Public Service Tax Bond Issue $9,750.00 tl. 12. 13. 14. 16. 17. 18. 19. 20. 21, 22~ EXECUTIVE INVESTIGATIVE SERVICES, INC, Investigative Services Pay from Police Pension Fund---612-138-5-468-00 FERGUSON ENTERPRISES, INC. P.O. 4550, D.I.P. Slip Joint Pay from Utility Capital Improvement---404-000-0-690-10 FLORIDA DEPARTMENT OF TRANSPORTATION Entrance Permit Application Fee for West Water Treatment Plant SR 804 Pay from 1990 Construction Fund---409-000-0-690-!0 FLORIDA DIESEL P.O. 4493. Rebuild QMT 643 Trans of Vehicle #820-Plus Hard Parts. Pay from Vehicle Service Fund---50i-i93-5-432-00 FLORIDA EAST COAST R~iLWAY CO. Asphalt Repairs on Crossing at SE 12th Avenue. Pay from Local Option Gas Tax Fund---104-411-5-630-14 FLORIDA SERVICE ENGINEERS P.O. 2858. Sewage P~nmping. Pay from Water and Sewer Revenue---401-352-5-433-00 GENERAL GMC TRUCK SALES & SERVICE, iNC. P.O~ 2866. Truck Parts Needed for Fleet Maintenance Pay from Vehicle Service Fund---501-193-5-324-00 HTE HEADQUARTERS P.O, 4132. Upgrade Changes for HTE Software Pay' from General F~d---001-000-1-45!-18 HELENA CHEMICAL COMPANY P.O. 2878. Pesticides used on the Golf Course Pay from Golf Course Revenue Fund---4il-726-5-361-00 HOME DEPOT P.O. 4592. Traffic Safety Paint/White Pay from W & S Utility Revenue 421-000-0-690-21 - $503.60 421-000-0-691-21 - $503.60 HOUSE OF GOLD P.O, 4412. Employees Service Pins Pay from General Fund---001-135-5-396-00 JONES CHEMICALS P.O. 2884. Chlorine for Disinfection Pay from Water & Sewer Revenue---40!-335-5-363-00 2,052.30 2,781,00 1,000.00 1,415.55 9,624,50 1,638.00 1,602.40 1,827~50 1,353.50 1,007.20 2,770,00 4,098.00 23. 24. 25~ 26~ 27. 28. 29. 30. 31. 32~ Ki~INS RECYCLING P.O. 2889. Recycling Center used for Recycling Material Pay from Sanitation Fund---431-34i-5-490-0t LIQUID AG SYSTEMS INC. P.O. 4156. For Control of Mole Crickets Pay from Golf Course Revenue Funds---4t!-726-5-361-00 ~RT!N FENCE CO. P.O. 4454. Ail Labor, Materials, and Necessary Equipment & Services to complete the Chain Link Fence. Pay from Public Service Tax Const.---301-411-5-630-19 THE NEWS Legal Advertising for April. 1993 Pay from General Fund---O01-122-5-470-t3 - $606.94 001-122-5-475-00 - $1.143.63 NUTTING ENGINEERS P~O. 4352. Provide Ge0techinical Engineering Services for a Proposed Park Site and Related Parking/Site Work as per Proposal. Pay from Public Service Tax Construction. 301-722-5-463-08 - $737.50 301-722-5-463-07 - $737.50 P.R.I.D.E. OF FLORIDA P~O~ 2942. Retread Tires. Pay from Vehicle Service F~nd---501-t93-5-322-00 PEROXiDATION SYSTEMS INC. P.O. 3002. Hydrogen Peroxide used. in Wastewater Collection System. Pay from Water & Sewer Revenue---40!-352-5-365-00 POOLE & KENT COMPANY P.O. 2216. Process Improvements to the East Water Treatment Plant. Pay from 1990 Construction Fund---409-000-0-690-10 QUALITY GP~SSING P.O. 4141. Greens Renovation Project Pay from Golf Course Const. Fund---412-000-O-694-!0 RITZ SAFETY EQUIPMENT, iNC. P.O. 2952. Safety EquipmentTFirst Aid Supplies for Stock~ Pay from Warehouse Fund---502-000-0-410-15 29,108.90 1.900.00 3,428.50 1~750.57 1~475.00 1.861.25 5~644,00 66~136,00 25,468.65 3,858.00 33. 34. 35. 36~ 37. 38~ 39. 40~ 41. 42. 43. SCRWTD BOARD Reuse Water Project - Expenses - $10,429.18 Pay from Ut_~tty General Fund---403-000-0-691-20 Emergency Access Road Final Billing - $15,532.15 Pay from Utility General Fund---403-000-0-691-20 SOUTHEASTERN MUNICIPAL SUPPLY P.O. 4564. Replace Ck. Va!ves-LS 316 & 720 Pay from Water & Sewer Revenue Fund---401-352-345-00 SOUTHEASTERN PLOP CORPORATION P.O. 4449. Submersible Sewage Pumps. Pay from Utility General F~md---403-000-0-691-i0 TARE P.O. 2976. Landscape Maint. Service in Accord With Specifications. Pay from General Fund---00!-722-5-430-15 ~CH~IoAh PRODUCTS P.O. 2978. Polyphosphate used to Stabilize Water Pay from Water& Sewer Revenue---401-336-5-365-00 TRi-COi}~TY FENCE COMPANY P.O. 4474. Fence Replacement @ So. End Of East Water Plant. Pay from Self Insurance Fund---622-195-5-440-0i UNITED HORTiCb%,TD~u~L SUPPLY P~O~ 2984. Pesticides used on Golf Course Pay from Golf Course Revenue---41t-726-5-361-00 ATCO ~_~NUFACTD~,!NG COMPANY P.O. 4495, Deadline Fire Ant Killer Pay from Warehouse Fund---502-000-0-410-11 GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC. Professional Services for period ending ending April 30, 1993, Pro~ect No~ 93-207.00 Costa Bel!a Outfali Pay from Water & Sewer Revenue---401-392-5-463-00 GEORGE SNOW SCHOLARSHIP FUND City of Boynton Beach and Miller Tournament Pay from Miscellaneous Trust Fund---691-000-1-693-10 iNSURANCE SERVICING AND ADJUSTING COMPANY Payment of Worker's Compensation Claims Administration Fees for April 1993. Pay from Self Insurance Fund---622-195-5-447-00 25,961.33 1,748.00 3~730.00 5,880.50 7,128.00 2,039.00 1,143.60 !~!!7.60 ~;106.83 I~592 ~ 4~560,00 44. LYNN PEAVEY COMPANY 1,229.25 P.O. 4540. Police Supplies Pay from General Fund---001-2!i-5-380-0! 45. MOYLE, FLANIGAN, ~ATZ~ & SHEEHAN, P~A. 28,120.56 Professional Services Rendered as Bond Counsel and Disbursed Costs. Pay from 1993 Public Service Tax Debt---207-888-5-797-00 46. ~PIDS WATER PARK 4,605.00 Summer Day Camps: 12 Trips: 614 Tickets @ $7.50 Each Pay from General Fund---001-000-1-290-20 These bills have been approved and verified by the department heads involved~ checked and approved for payment. Grady~' I therefore recommend payment of these bills. NINUTE$ - REGULAR CITY COI~I$$ION #EETING BOYNTON BEACH, FLORIDA JUNE 1, 1993 municipal buildings. He also pointed out that that there are forty to fifty melaleuca trees in the rights-of-way in front of homes along the entire street system of Laurel Hills and if the City cuts down only a few of them, the resi- dents may complain. Mr. Frederick advised that he has requested funding in this year's budget to initiate a melaleuca tree removal project on a contract basis. Consensus After further discussion, and at the request of Commissioner Walshak, it was the consensus of the Commission to direct Mr. Frederick to cut down the melaleuca trees around the park. Commissioner Matson suggested explaining to the residents, if necessary, that this is being done just to clear up what is around the park. D, Report of the Palm Beach County #untctpal League Vice Mayor Aguila reported that at the May 26, 1993 meeting, the AIDS Presumption Bill did not make it through the legislation but is going to con- tinue to be pushed. The Municipal League is opposed to this Bill, which states that if any employee of the Fire Department gets AIDS, it is presumed to have been gotten on the job. Vice Mayor Aguila requested the City to stay on top of this and continue to oppose it. Vice Mayor Aguila also reported that there have been changes made to the Public Bid Procedure. He hopes the City Attorney and the Purchasing Department are aware of and are following them. Vice Mayor Aguila further reported that the Intergovernmental Coordination Task Force is finally ready for implementation and various municipalities are now preparing ordinances to be a part of this process. XII, CITY MANAGER'S REPORT 1, Ocean Avenue Improvement Meeting - June 17, 1993, 6:00 P, #,, at the Art Center This item was discussed earlier in the meeting. 2, Estimated Taxable Value City Manager Miller advised the Commission that he received the City's estimated taxable value from the Palm Beach County Property Appraiser's Office. As of June 1, it is $1,960,631,252.00. Preliminary certification of taxable value will be received on July 1, 1993. City Manager Miller pointed out that last year the City started off with the 1992 preliminary at $1,963,000,000.00. The 1992 final received in January came out at $1,932,000,000.00 (a decrease of $31,000,000). - 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 1, 1993 3. Executive Session At the request of City Manager Miller, an executive session was scheduled for Monday, June 7, 1993, at 6:00 P. M. A temporary workshop meeting was scheduleed for Thursday, June 10, 1993, at 6:00 P.M. to review the reports of Hahn and Associates, and Clayton Environmental. City Manager Miller will confirm this meeting as soon as he contacts Hahn and Associates. XI II, OTHER None. XlV, ADJOURNMENT There being no further business to come before the Commission, the meeting prop- erly adjourned at 10:40 P. M. THE CITY OF BOYNTON BEACH ATTEST: Ci tyj~Cqerk Recording Secretary (Five Tapes) Mayor Vice Mayor *should read, "A tentative meeting... - 31 - F. MARTIN PERRY ROBERT LEE SHAPIRO R. MILLER' ['[TED IN FLORIDA )ISTRICT OF COLUMBIA HAND DELIVERY TELEPHONE (407) 6844500 FaX (407) 684-1008 May 28, 1993 Mr. James Cherof City Attorney City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Re: Cedar Grove Investors N.V./Boynton Seacrest Subdivision Master Plan Our File No.: 3197.01 Dear Mr. Cherof: As you are aware, on May 11, 1993, the Planning and Development Board of the City of. Boynton Beach unanimously denied the Boynton Seacrest Subdivision Master Plan. Cedar Grove has appealed the Planning and Development Board's decision in accordance with Section 7.5-63 "Appeals Process" of the Code of Ordinances for the City of Boynton Beach. This appeal is scheduled to be heard by the City Commission on June 1, 1993. After many months of review before the City of Boynton Beach Technical Review Committee, the Boynton Beach Subdivision Master Plan complied with all of the requirements of the Code of Ordinances for the City of Boynton Beach. In fact, the various department heads signed off on the Subdivision Master Plan and forwarded it to the Planning and Development Board. The Building Department, Fire Department, Utility Department, Police Department, and Public Works Department all approved the Master Subdivision Plan without any comments. The City Engineer, Planning and Zoning Director, and Parks Superintendent also approved the Boynton Seacrest Master, Subdivision Plan but approved it with certain conditions. At the Planning and Development Board Hearing, Cedar Grove specifically agreed to all the conditions placed on the Plan by these three Departments. The onlyissue before the Planning and Development Board related to environmental "regulations". The Staff recommended to the Planning and Development Board approval of the Plan, "subject to the applicant's acknowledgement that the environmental comments by the Planning and Zoning Department and Forester/Environmentalist will be addressed at the Mr. James Cherof May 28, 1993 Page 2 Preliminary Plat stage." (See Gee and Jensen memorandum from W. Richard Staudinger, City Engineer to Christopher Cutro, Planning and Zoning Director dated May 5, 1993.) At the hearing, the Applicant did not agree to address the environmental comments at the Preliminary Plat stage. Thus, the Planning and Development Board based their denial on the Applicant's failure to agree to the Staff comments and conditions related to environmental regulations. This was the sole reason for denial and will be the only issue before the City Commission on June 1, 1993. It is the City's contention that Cedar Grove has not complied with Article IV Environmentally Sensitive Lands, Section 7.5-59 through 7.5-63 nor has complied with the City Comprehensive Plan Ordinance No. 89-38, adopted November 7, 1989, Policy 4.3.5. The Applicant has specifically complied with Section 7.5-59 which requires that an Environmental Impact Statement be submitted with all applications for site plan or subdivision approval. Cedar Grove submitted an environmental study Prepared by Donald Richardson, Ph.D. of Ecological Consultants, Inc. as part of the Boynton Seacrest Master Subdivision Plan submittal. The Applicant has reviewed the Environmentally Sensitive Lands Ordinance and has determined that the language and terms of the Ordinance are vague, indefinite and broad such that the Ordinance is unconstitutional on its face. An expert planner and environmentalist have reviewed the City's Environmentally Sensitive Lands Ordinance and have ascertained that due to the vague, overly broad language and absence of criteria, it would be impossible for anyone to comply with the Ordinance. If the terms of this Ordinance are imposed on the Applicant by the city, Cedar Grove will challenge the facial validity of the Environmentally Sensitive Lands Ordinance because it is unconstitutional and offensive to the requirements of due process. The city of Boynton Beach also states that the Applicant has not complied with Policy 4.3.5 of the city's Comprehensive Plan. That Policy states as follows: Cognizant of prior development approvals or other vested rights, the City shall require a detailed flora and fauna survey on any "A" rated site subject to a development proposal in any site greater than 10-acres in size. The City shall require preservation of a minimum 25% of all native plant communities which occur on "A" rated ecosystems site, the specific location to be determined as a result of the site survey. Habitat shall be preserved with intact canopy, under story and ground cover. Mr. James Cherof May 28, 1993 Page 3 Although the Comprehensive Plan references 25% preservation for all "A" rated ecosystems, the City's Comprehensive Plan also contemplated removal of sites from the "A" rated list if specific mechanisms for acquisition 'and preservation of the site could not be established. (Policy 4.3.2) Furthermore, the Comprehensive Plan contemplated the adoption of conservation and preservation, land development, and density bonus ordinances Within one year of plan adoption. These ordinances were drafted by your City Staff but never adopted. As a result, Cedar Grove is of the opinion that the Boynton Beach Comprehensive Plan by its o%;n torms not only does not require a 25% preserve dedication but actually removes the subject property from the "A" rated list of sites. The Planning and Development Board as well as Staff have acknowledged that the sole basis for denial of the Boynton Seacrest Master Subdivision Plan was the lack of a set aside for a preservation area. Cedar Grove previously presented to the City Commission a Planned Unit Development Rezoning Master Plan which included a set aside of 25% of the native plant community as a preservation area. The PUD Master Plan, like the Subdivision Master Plan, met all requirements of the Code of Ordinances of the city of Boynton Beach and, in addition, voluntarily dedicated a preserve area. The PUD Plan contained approximately the same density as can be achieved under straight zoning, and both plans were substantially similar in nature. Cedar Grove has been substantially damaged as a result of the City's unfair treatment of it throughout Cedar Grove's pursuance of these development approvals. Since the denial of the Cedar Grove Master Subdivision Plan by the Planning and Development Board was based sOlely on environmental concerns, the city Commission should reconsider the PUD Master Plan which achieved all of the City's goals in terms of environmental preservation. Sincerely yours, F. Martin Perry FMP/JAJ:psp cc: W. Richard Staudinger Christopher Cutro J. $¢o~t MiLLer Mayor Edward Harmening c:\WP51\main\cedargro\cherof.lt2